Law: Criminal Procedure Code (V of 1898)

Section: 203-E,204

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 203-E & 204---Azad Penal Code (XLV of 1860), Ss. 492-B & 492-C---Forcibly dispossessing any lawful owner/occupier---Complaint---Initiation of proceedings against the accused---Doctrine of dispensation of criminal justice---Petitioner /accused assailed order of initiating proceedings against him and others on a complaint filed by the respondent---Record revealed that demolishing of two steps of stairs by one of the accused persons, was oozing from preliminary inquiry report submitted by the concerned SHO---Thus, prima facie case itself was floating from surface of record constituting sufficient ground to issue process in furtherance of the complaint---Discarding complaint in presence of sufficient grounds was not warranted by law and was against the doctrine of dispensation of criminal justice---Application qua registration of FIR moved by the petitioner already stood rejected by the Justice of Peace and though said order was impugned before the High Court, however, dislodging the complaint amounted to non-suiting and making the complainant armless, that too when domestic probe ex-facie strengthened the stance of the complainant / respondent---Criminal revision filed by the accused was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 265-K & 204---Complaint---Initiation of proceedings against the accused---Scope---Where Trial Court admits the complaint and issues bailable warrants against accused persons, they (accused persons) have ample opportunity to move an application under S.265-K of the Criminal Procedure Code, 1898, in case they feel that there is no possibility of conviction in the matter, even if the evidence purposed to be produced in Court is so produced. 2016 PCr.LJ 601 ref. (c) Criminal Procedure Code (V of 1898)--- ----S.204---Complaint---Initiation of proceedings against the accused---Scope---Admitting a complaint and issuance of process under S.204 of the Criminal Procedure Code, 1898, is subject to having sufficient grounds for proceeding , meaning thereby that presence of facts or evidence prima- facie constitute an offence to enable the Court to…

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